2015 – Another Successful Year for Goldstein, Rikon, Rikon & Houghton, P.C.

As Justice Thomas A. Dickerson stated, in Matter of Irvington v Sokolik, 13 Misc3d 1220 [Sup. Ct. West 2006], “a condemnation proceeding is not a private litigation.  There is a constitutional mandate upon the court to give just and fair compensation for property taken.  This means just to the claimant and just to the people who are required to pay for it.”  Yaphank Development Co., Inc. v County of Suffolk, 203 AD2d 280, 609 NYS2d 346 [2d Dept 1994]. Notwithstanding the requirement of just compensation, Condemnors have consistently made low offers of advance payment.

GRRH has secured substantial awards throughout the year. In total, we collected $113,000,000.

Some of the notable recoveries include:

  • Matter of Columbia University Educational Mixed-Use Development Land Use Improvement and Civic Project – three real estate claims were settled for a total of $47,000,000, and the trade fixture claim was settled in the amount of $250,000. The Condemnor’s pre-vesting offer was $33,000,000.
  • Major Deegan Expressway Rehabilitation Project – a real estate claim was settled in the amount of $3,250,000, representing a $3,117,000 increase over the State of New York’s advance payment
  • Second Avenue Subway – a real estate claim on behalf of a parking garage acquired in the Second Avenue Subway proceeding was settled in the amount of $7,021,303, representing a $5,651,303 increase over the MTA’s advance payment.
  • Second Avenue Subway – a trade fixture claim on behalf of a restaurant acquired in the Second Avenue Subway proceeding was settled in the amount of $2,134,300, representing a $1,741,300 increase over the MTA’s advance payment of $393,000.
  • Rockland County Sewer District No. 1 – Claimant, Split Rock Partnership EDPL 701 application for reimbursement of legal fees and expenses was settled in the amount of $3,375,000. The 701 settlement was in addition to $12,877,061 recovered after a trial and the defense of an appeal. The total recovery of $16,252,061 exceed the County’s pre-vesting offer in the amount of $16,007,261.
  • Brewster North Station and Commuter Parking Expansion ­ – Claimant, Longridge Associates, L.P.’s EDPL 701 application for reimbursement of legal fees and expenses was settled in the amount of $1,000,000.
  • Fulton Street Transit Center – a trade fixture claim was settled in the amount of $1,000,000, nearly doubt the amount of the MTA’s advance payment.
  • Kosciusko Bridge Replacement Project – a trade fixture claim valuing an outdoor advertising sign was settled in the amount of $625,000. The State initially valued the sign at $51,150.
  • Matter of Queens West – a reversal of a decision which denied a tenant its trade fixture claim based on alleged common shareholders was obtained in the Appellate Division.

 

Some of the notable decisions include:

  • Matter of New Creek Bluebelt Phase 4 – Claimants, Lawrence and Liana Paolella were awarded $241,740.67 pursuant to EDPL 701, nearly 100% of its requested fees and expenses. This was in addition to $810,000 recovered after trial, which award was affirmed on appeal.
  • Matter of Village of Haverstraw – Following a trial, the fee claimants were awarded $721,671, representing a $146,671 increase from the Condemnor’s advance payment of $575,000, and more importantly, a $356,671 increase from the Condemnor’s trial appraisal report of $365,000.
  • Oakwood Beach Bluebelt Phase 1 – The trial court awarded Claimant $10,100,000 for the taking of 7 acres of wetlands in Staten Island. The City’s appraised damages were $919,000.
  • New Creek Bluebelt Phase 3 – The trial court awarded Claimant $3,500,000 for the taking of wetlands property in Staten Island. The total awarded exceeded Claimant’s appraised value. The City’s appraiser damages were $1,122,000.

 

 

 

Posted in Advance Payments, Eminent Domain, Trade fixtures
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